Apple’s Huge Samsung Legal Battle

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By Paul Ausick Updated Published
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samsung-galaxy-s5
Samsung Electronics Co. Ltd.
Stop me if you’ve heard this one before. Late Friday afternoon, Apple Inc. (NASDAQ: AAPL) filed a motion to ban smartphones made by Samsung Electronics that Apple claims infringe on its patents.

A-ha, you’re thinking, a jury awarded Apple a judgment of $120 million in that case early in May, so let’s move along, there’s nothing to see here. In fact, Apple thanked the jury for its decision, saying, “We are grateful to the jury and the court for their service.”

The company may have been grateful, but it isn’t satisfied. Apple on Friday not only filed a motion to ban sales of several Samsung phones, the Cupertino company also filed a request for a retrial in the case that resulted in the $120 million award. Apple was seeking $2.2 billion, and the $120 million probably doesn’t even cover its legal fees.

Apple tried in 2012 to get a federal court judge to ban sales of Samsung smartphones after winning a decision in a similar case, but the judge denied the request saying that Apple did not make a compelling argument that sales of the phones would irreparably harm its business. Why Apple is trying the same argument again (on the same judge) is anybody’s guess.

What makes Apple’s actions look especially silly is that the smartphones and tablets in question are all older models. The most recent is the Galaxy SIII and the Galaxy Tab 2 10.1. Samsung has been selling the Galaxy S5 smartphone and Galaxy Tab 3 for some months now and the effect a ban on sales will have on older phones is certainly negligible.

Apple’s request for a retrial is based on adding Samsung’s Galaxy S4 and S5 to the list of infringing devices. If the judge allows the newer devices to be included, the impact on Samsung’s business could be far more serious. One might even say devastating.

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Photo of Paul Ausick
About the Author Paul Ausick →

Paul Ausick has been writing for a673b.bigscoots-temp.com for more than a decade. He has written extensively on investing in the energy, defense, and technology sectors. In a previous life, he wrote technical documentation and managed a marketing communications group in Silicon Valley.

He has a bachelor's degree in English from the University of Chicago and now lives in Montana, where he fishes for trout in the summer and stays inside during the winter.

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